Wickremaratne v. Samarawickrema and Others – sllr 1995 volume 2 page 212

In the case of Wickremaratne v. Samarawickrema and Others, the court addressed the issue of the operative commencement date for the 30‑day time limit under Section 48(4)(a) of the Partition Law, specifically whether the period should begin upon the receipt of the surveyor’s return in the Registry or in open court on a returnable date. It was held that the operative date is the receipt in open court on the fixed returnable date. This interpretation preserves the public and participatory nature of judicial proceedings and avoids procedural unfairness. The decision reaffirmed the principle that important procedural time limits in partition actions must be anchored to judicial acts accessible to all parties rather than administrative steps. The appeal was dismissed with costs.

S. N. Silva P/C